*302 Greig and Others v Insole and Others 1977 G. No. 22461977 J ...

[1978] 1 W.L.R. 302 Page 27
[1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978) 122 S.J. 162 [1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978)
122 S.J. 162
(Cite as: [1978] 1 W.L.R. 302)
enclosed draft. Our clients are conscious that no individual
county has yet, so far as we know, made
the suggestions which were put forward on behalf
of your clients, and we would not like them to attend
the meeting under any false impression that
the players would in any way be restricted or prevented
from participating to the full in their county
programmes ….”
On or about the same day, August 4, Mr.
Packer wrote a letter to each of the players contracted
to World Series Cricket informing them in effect
*331 to the full in any English
county programmes with which they might be
involved. The letter added that no matter what
happened in the action, World Series Cricket would
honour the contract and expect the player to do the
same. A copy of this letter was sent to the TCCB so
as to arrive before its meeting about to be held on
August 5. (3)
The TCCB meeting of August 5
In due course at this meeting, the members
of the TCCB passed a number of resolutions,
providing for amendment to the TCCB's rules governing
the qualification and registration of cricketers
in Test and competitive county cricket. They
decided, however, that the proposed amendments
should be considered by leading counsel. Counsel
in due course considered these. Having received his
advice, the TCCB on or about August 9, issued the
following press release which represented its final
decision:
“At the meeting of the board on August 5, 1977,
consideration was given (a) to the recommendation
of the [ICC] made on July 26, 1977, that each member
country should pursue as soon as possible at
first class level, and in other domestic cricket activities,
the implementation of the decision made at
Test Match level, and (b) generally to the situation
which gave rise to the ICC recommendation. The
members of the board agreed upon the undermentioned
draft amendments to the rules governing the
qualification and registration of cricketers in Test
and competitive county cricket, which have been
discussed with the board's legal advisers. These
draft amendments are subject to the ruling of the
High Court at the speedy trial ordered by Slynn J.
on August 4, 1977. It must therefore be emphasised
that there is no question of the draft amendments
being incorporated into the rules or in any manner
implemented until after this trial.
“1.Rule 1 Qualifications for England
“An additional sub-rule (e) be added ‘and (e) that
the cricketer is not precluded from playing in a Test
Match by reason of the terms of sub-rule (f) of Appendix
1 of the rules of the [ICC] which sub-rule
reads as follows: (f) Notwithstanding anything
hereinbefore contained, no player who after October
1, 1977, has played or made himself available
to play in a match previously disapproved by the
conference shall thereafter be eligible to play any
Test Match without the express consent of the conference
to be given only on the application of the
governing body for cricket of the country for
which, but for this sub-rule, the player would be
eligible to play.’
“2.Rule 2 Playing and registering cricketers
“The existing rule 2 (c) be deleted and the following
new rule 2 (c) be substituted: ‘2 (c) Subject to
the overriding discretion of the board, no county
shall be entitled to play in any competitive county
cricket match: (i) Any cricketer who is and remains
precluded from playing in a Test Match on the
grounds set out in rule 1 (e) (whether or not he is
otherwise qualified to play in a Test Match) prior to
the expiration of a period of two years immediately
following the date of the last day of the last match
previously disapproved by the [ICC] in which he
has played or made himself available to play; (ii)
More than two cricketers who are not qualified to
play for England by reason of their inability to satisfy
rule 1 (a) (b) (c) or (d).’*332
“3.At the end of existing rule (2) (a) the following
words be added ‘and except in exceptional circum-
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